DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is written in response to the amendment filed 01/22/2026
Claim 1has been amended
Claims 1-6 and 9 are presented for examination
This action is Final
Claim(s) 1-6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boesch et al. (US 2020/0262646) in view of Boesch (US 9,434,539).
Claim 1. Boesch ‘646 discloses an apparatus comprising:
a first track 104 to mount on a container 102 along a first side of a container opening;
a second track 104 to mount on the container 102 along a second side of the container opening, wherein the first side is opposite the second side (fig. 2A);
a frame 120 engaged with the first track and the second track, wherein the frame is to move along the first track and the second track between an open position and a closed position ([0038], fig. 9).
Boesch ‘646 fails to disclose overlapping panels. Boesch ‘539 teaches
a first panel 102 to mounted on the frame to cover a first portion of the container opening;
a second panel 104 to mounted on the frame to cover a second portion of the container opening wherein the second panel is substantially identical to the first panel (fig. 1A); and
an apparatus (extending arm of panel 104; fig. 1A) wherein the first panel 102 is to overlap the second panel 104 by a target distance, and wherein the target distance is dependent on a size of the container opening (col. 3, ll. 16-40; fig. 1A). Therefore, it would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to modify the container lids of Boesch to include the overlapping configuration of Boesch ‘539 to provide an alternative configuration for selectively move the lids from an open position to a closed position.
Claim 2. Boesch ‘646-Boesch ‘539 discloses the apparatus of claim 1, wherein the frame is adjustable to fit a dimension of the container opening (Boesch; fig. 2A).
Claims 3-4. Boesch ‘646-Boesch ‘539 discloses the apparatus of claim 2, wherein the frame includes first longitudinal portions and second longitudinal portions, wherein the first longitudinal portions and the second longitudinal portions are to engage at one of a plurality of predetermined positions to adjust a length of the frame (Boesch ‘646; fig. 5, 6A).
Claim 5. Boesch ‘646-Boesch ‘539 discloses the apparatus of claim 1, wherein the frame is rotated about an axle relative to the container opening in the open position to facilitate access to the container opening (Boesch ‘646; fig. 6A-C).
Claim 6. Boesch ‘646-Boesch ‘539 the apparatus of claim 5, further comprising a cutout (opening in 106) on the frame (106 included as part of frame 120) around the axle to increase an angle of rotation about the axle at an edge of the container (Boesch ‘646; [0036-0038] fig. 2B).
Claim 9. Boesch ‘646-Boesch ‘539 the apparatus of claim 1, wherein the first panel includes a first connector element (rib extending inward of the panel end) to mate with a second connector element (panel end rib) of the second panel, wherein the first connector element is a first plurality of ribs to mate with a second plurality of ribs of the second panel, and wherein the first plurality of ribs and the second plurality of ribs are uniform to allow for variable overlapping (Boesch ‘646 ‘539; fig. 2A).
Response to Arguments
Applicant's arguments filed 01/22/2026 have been fully considered but they are not persuasive. With the filing of the updated drawings, the previously applied drawing rejection is withdrawn.
Applicant argues the two panels of Boesch ‘539 fails to teach substantially identical panels. The Examiner respectfully disagrees. As seen in figure 1A of Boesch ‘539, the shapes of the two panels are substantially identical. It is the Examiner’s position that although not identical, covers 104/106 are substantially designed with the same features and dimensions. An apparatus extends from one panel to assist in aligning/adjoining the panels for easy movement across the top of the container opening. The rejection above has been updated to include the amended limitations of claim 1. The references are respectfully maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735